Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.025(1) requires
the Department of Mines and Minerals to promulgate administrative regulations
that establish comprehensive criteria for the imposition and enforcement of
sanctions against certified and noncertified personnel and owners and
part-owners of licensed premises whose intentional violation of, or order to
violate, mine safety laws places miners in imminent danger of serious injury or
death. KRS 351.025(2) requires the department to promulgate administrative
regulations that establish comprehensive criteria for the imposition of
penalties against licensed premises if an owner or part-owner intentionally
orders mine safety laws to be violated that place miners in imminent danger of
serious injury or death. KRS 351.070(13) authorizes the department to
promulgate administrative regulations necessary to properly administer KRS 351.010 to 351.9901. This administrative regulation establishes the definitions
of terms used in 805 KAR 8:010 to 805 KAR 8:060.
Section 1. Definitions.
(1) "Certified mine foreman" or "foreman"
means any person who has procured a certificate from the department to perform
the work duties of a mine foreman or assistant mine foreman, either underground
or surface.
(2) "Certified miner"
or "certified personnel" means a miner, mine foreman, assistant mine foreman,
electrician, shotfirer, underground or surface mining instructor, or mine
emergency technician (MET).
(3)
"Commission" means the Kentucky Mine Safety Review Commission.
(4) "Equivalent to the value of the wages
received" means the average daily wages received by a noncertified person,
during a specified period to be determined by the Mine Safety Review
Commission, multiplied by the number of days for which the noncertified person
has been fined.
(5) "First offense"
means an individual's or entity's first intentional violation of, or order to
violate, a mine safety law which places a miner in imminent danger of serious
injury or death, as adjudicated by the Kentucky Mine Safety Review
Commission.
(6) "Gross value of the
production of the licensed premises" means the average sale price per ton of
coal multiplied by the number of tons of coal produced at the mine where the
first or subsequent offense occurred, during a specified period to be
determined by the Mine Safety Review Commission, multiplied by the number of
days for which the licensed premises has been fined.
(7) "Imminent danger" is defined by KRS 352.010(1)(p).
(8) "Intentional" or
"intentionally" means, with respect to conduct or to a result, that a person's
conscious objective is to engage in that conduct or cause that
result.
(9) "Licensed premises"
means any entity that has procured a license from the department to operate a
coal mine.
(10) "Noncertified
personnel" means any person in or around a coal mine who has not procured a
certificate from the department to perform particular work duties.
(11) "Part owner" means a person or other
entity with any ownership interest in a licensed premises, with the exception
of persons who own less than a one (1) percent share of publicly-traded
stock.
(12) "Serious injury" means
an injury involving extreme physical pain or the protracted impairment of a
function of a bodily member, organ, or mental faculty; or requiring medical
intervention greater than first aid, such as surgery or
hospitalization.
(13) "Subsequent
offense" means any intentional violation of, or order to violate, a mine safety
law which places a miner in imminent danger of serious injury or death, as
adjudicated by the Kentucky Mine Safety Review Commission, and which occurs
after the individual's or entity's first offense.
(14) "Willful" means voluntary and
intentional.
